Supreme Court Seeks J&K Response To Plea Which Alleges That Detainees Are Being Shifted To Prisons In Other States

The Supreme Court on Friday issued notice to the Union Territory of Jammu and Kashmir and Ladakh in a plea stating that certain detenues detained under the provisions of Jammu and Kashmir Public Safety Act, 1978 had been shifted from local district and central jails within Jammu and Kashmir to prisons in other States of the country. The matter was heard by a bench comprising CJI UU Lalit and Justice Bela M Trivedi.

The petition has been filed by Raja Begum, a resident of Srinagar's Parimpora, who does not know of the whereabouts of son Arif Ahmad Sheikh, ever since the son was shifted to the Central Jail in Varanasi. As per the counsel for petitioner, Senior Advocate Dr Colin Gonsalves, as soon as detenues were moved to different states, they lose all their rights. Further, family members of such detenues knew nothing of their whereabouts, once they had been moved.

At the outset, Dr.Gonsalves submitted that since the detenues in question had been arrested under the Jammu and Kashmir Public Safety Act, 1978, which was only restricted to the Union Territory of Jammu and Kashmir, they could not be moved to other prisons across the country.  On being asked by the bench where the detenues were being sent, he informed the court that the detenues were being sent to prisons in Uttar Pradesh, Haryana and Madhya Pradesh.

He further added–

"There are roughly 22 detenues, we're appearing for four of them. The detenues are a very tiny fraction of the prison population. All their rights are cut off".

The CJI enquired if there was anyone close to the prisoner who was lost in prison. To this, the counsel for petitioner said–

"Yes, he has family members. They didn't even know for months."

Accordingly, the court issued notice to the Union Territory of Jammu and Kashmir and Ladakh along with the Union of India. The matter is now listed for 25th November 2022.

CASE TITLE: Raja Begum And Ors. v. UoI And Ors. WP(C) No. 906/2022

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